Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Physiotherapy

Legal area

Court

23 Mar 2025

NUR ADDIYANI BINTI ISMAIL 1. ) NORLAILA BINTI HUSIN 2. ) RUSLI BIN GHANI

Citation

DA-A53KJ-359-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-359-08/2022 (Mahkamah Sesyen)

On the balance of probabilities the court awarded special damages totalling RM158,182.00: accepted defendants' loss of earnings calculation RM28,000, accepted expert SD1 prosthetic estimate RM125,820, awarded RM3,000 for physiotherapy, allowed modest ancillary items (JPJ RM10, clinic report RM750, care RM400, clothing RM100, medication RM102) and rejected or reduced excessive claims (no award for home occupational therapy; rejected excessive moisturiser and inflated maintenance fees).
3 Nov 2024

KUNG SIEW PENG 1. ) ESVARAN A/L SIVAGURU 2. ) SIVAGURU A/L MUNIANDY

Citation

JA-12B-21-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-21-06/2022 (Mahkamah Tinggi)

Court upheld the trial judge's quantum awards as fair and justified based on medical reports, compendium guidance and credible employer evidence; accepted that fractures, scarring and muscle wasting were distinct compensable injuries; confirmed loss of earnings and loss of earning capacity calculations using section 28 Civil Law Act methodology and multiplier, allowed modest physiotherapy award and future surgery/pain award based on treating surgeon's advice; dismissed appeal and maintained trial judgment.